TC Minutes 06-11-1991MINUTES OF THE REGULAR MEETING OF THE
TOWN COUNCIL HELD JUNE 11, 1991 - 7:30 P.M.
The regular meeting of the Avon Town Council of the Town of Avon,
Colorado, was held in the Municipal Building, 400 Benchmark Road,
Avon, Colorado, in the Council Chambers.
The meeting was called to order by Mayor Jerry Davis at 7:30 p.m.
A roll call was taken with David Garton, Albert Reynolds, Mike Bennett,
Gloria McRory, Jim Stovall and Tom Ptach present. Also present were
Town Attorney John Dunn, Town Manager Bill James, Director of
Engineering Norm Wood, Director of Municipal Services Larry Brooks,
Police Chief Art Dalton, Carol Gill-Mulson Fire Department, Director
of Community Development Rick Pylman, Planner Jim Curnutte, Public
Relations Officer Teresa Albertson, Town Clerk Patricia J. Doyle,
as well as members of the press and public.
The Mayor called for Citizen Input.
Donna Nix was deferred until later in the Citizen Input discussions.
Mr. David Marshall was not scheduled on the agenda, but appeared
before the Council under Citizen Input.
David Marshall with Marshall Development and representing the Claivin-
Project, Lot 2, Block 1, Wildridge Subdivision approached the Council.
He was requesting a final plat approval for a Townhouse Subdivision.
He stated that he was not aware of the procedures until three weeks
ago. The project had been completed four days ago and the first
closing was two weeks ago.
Rick Pylman stated that staff had received the plat last Wednesday and
did not have time to review the plat, therefore it was not placed on
the agenda. Mr. Pylman stated it was a fairly simple plat, but there
were some concerns. This project was a multi-family lot; a eight unit
lot, which they have completed six single family homes on this lot.
He stated that Mr. Marshall did not go through the Planning and Zoning
Commission for a rezoning for this project. This was supposedly a
Townhouse Subdivision. Mr. Pylman stated that when the deceloper went
through the design process, it was the assumption of the staff that it
would be subdivided into a simple townhouse subdivision, which would
be about five feet outside the foundation line, which would be claimed
by Deed, and the rest of the property would be common area. He stated
that this property was structured so that there was a sommon parcel for
the road, common parcel around the back, and then each townhouse was
represented by certain lines (effecto single family subdivision).
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Each townhouse was receiving a single family lot without going
through the'-rezoning process, which other developers have to do.
Mr. Pylman stated that he had no problem approving the plat, but
needed to shrink the individual ownership and narrow it down to
townhouse ownership.
The Articles of Incorporation and the Declarations needed to be
reviewed..
After some discussion, the Council agreed that they.would consider
this approval of the Final Plat next Tuesday, June 18, 1991 at 4:00.p.m.
Donna.Nix failed to appear before the Council in regard to unauthorized
parking at the Beaver Bench Condos, West Beaver Creek Boulevard.
The Mayor requested that Art Dalton send a letter to Donna Nix
explaining the procedure of dealing with this concern.
There being no further Citizen Input to come before the Council,
the Mayor closed that portion of the agenda.
.Second reading of Ordinance No. 91-10, Series of 1991, AN ORDINANCE
REPEALING AND REENACTING TITLE 17 OF THE MUNICIPAL CODE OF THE TOWN
OF AVON PERTAINING TO ZONING -AND PROVIDING PENALTIES FOR THE
VIOLATIONS HEREOF. This ordinance was tabled at the May 28th meeting.
Rick Pylman.stated;that there were a couple of reasons why,the
ordinance was tabled::
1. 'One was several additional changes.' These final changes were
incorporated into the zoning ordinance.
2. Discussion with the Su1nroad-Properties-Group. There was some
discussion of the~Town'Center Zone District: Staff had revised the
Town Center Zone-District. It had been changed from one acre to
30,000 square feet.- Also, staff;-removed the exclusion of free
standing.restaura_rits,,;(this i,s now an•.allowed use), also, drive through
windows have now been placed back into that zone district as a Special
Review Use. The TC Zone District has no provision for a service
station. Staff had recommended approval contingent upon one condition.
Jim Wear, attorney fo,r the Sunroad Properties Group stated that the
condition dealt with the minimal lot size of 30,000 square feet as it
related'to the Sunroad Properties. The Sunroad Properties were currently
in negotiations with the Postal Service to construct a post office
on part of the property, which would leave a development scheme of
essentially three 1/2 acre lots.
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This would remain an allowed use on the property_provided, the postal
service proceeded with the purchase within,the next eighteen months,
If the project did not proceed, it would then revert back to the
30,000 square feet zoning.
The Town'Attorney recommended approval of Ordinance No. 91-10,
series of 1991 on second reading with the condition stated by Jim
Wear.
Councilman Garton moved approval of Ordinance No. 91-10,'Series of 1991
on second reading with the condition as per Jim Wear. The motion
was seconded by Councilman Bennett.
Councilman Ptach suggested that the legal description be noted.
Sunroad Properties, Lot l ,and 2, Block 2, Sunroad Plat, Benchmark at
.Beaver Creek.
Councilwoman McRory suggested that if the post office did-not proceed,
she would like to see the property revert back to one acre lots.
The Mayor entertained a vote on the motion.
Those Councilmembers voting aye were: David Garton, Albert Reynolds,
Mike Bennett, Jim Stovall and Tom Ptach. Councilwoman McRory voted
nay., The motion carried by a 5 to 1 vote.
Next on the agenda was a proposal from Brittany Summit Entertainment.
Larry Brooks stated that at the last Council Meeting, Brittany
Summit Entertainment reviewed the possibility of having a concert in the
park on September 1, 1991, Labor Day. He stated that he had met with
Pat Cupo on May 31, 1991. Mr. Cupo proposed the following:
1. Schedule a concert on September 1, 1991 - music 11:00 a.m. to
7:30 p.m.
2. Would apply-for a permit to sell alcohol:__
3. Concert would be ticketed ($15.00).
4. They would be willing to pay,for.cost of Town personnel and provide
the Town with-a percentage of gross proceeds.
Mr. Brooks stated that in addition to the fee for the use permit, they
would pay the Town.__101% of the gross proceeds,of the event to include
gate and concession re,ceipts.. Also staff provided:'for the sale of
$9,000 tickets for the'days event. Also the need of transportation'
was discussed. A damage deposit of $2,500 was recommended. (see
memorandum attached to these minutes).
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Mr. Cupo indicated that the event would proceed rain or shine.
Councilwoman McRory stated that she objected to the concert being
the fact that the park would be closed to families on that Labor Day.
Also, she suggested that there be enough police protection and crowd
control for that day.
Councilman Stovall was concerned about closing the park on that
particular day. He did not feel that was the best use of the park or,
that weekend for a concert.
Councilman Garton disagreed. He stated that the park would be open
for the beach, the playground and the log cabin to the public.
It was stated that the playground would not be open to the public.
Councilman Garton withdrew his comments.
Councilwoman McRory requested that signs be placed in the park to
designate the public activities.
Councilman Reynolds opposed the concert in the park.
It was stated that there was no contract signed by either party at
this time.
Mayor Davis stated that Council was in agreement at the last meeting,
but now there were concerns of whether the concert should proceed.
Councilman Bennett stated that this could bring people and money into
the Town.
It was suggested that they look at another day or weekend, but did
object to a holiday weekend.
It was agreed that the Council would look at a time and day that they
could agree on.
Next on the agenda was discussion of the exemption of permit fees for
the Eaglebend Housing Project.
Bill James stated that this was discussed at the work shop with Jeff
Spanel. It was the direction of the Council that they would consider
that request if those fees would be used for the project.
Mr. Spanel would return in two weeks to present that matter to the Council.
The award of the contract for the Wildwood Townhomes was next presented
to the Council.
Mr. James stated that bids were opened at 2:00 p.m. on Friday, June
7th, 1991. He stated that the bids came in at $407,624.00 above the
construction estimate.
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He stated that they have rejected all the bids. Mr. James stated
that they had gone back and talked with some of the constractors to
see if they could reach a different figure for the project to see if
they could cut the costs. He stated that they need more time to come
with some alternatives to see if they could make it work.
Councilman Stovall indicated that one of the conditions of the architect's
contract was that he would design something that would be build to
budget.
The Council agreed.
Councilman Reynolds suggested that the Town hire an in-house project
manager and the Town proceed with the project.
Mayor Davis stated that the Town was not in the position to be the
builder.
It was stated that there would be a possibility of building five units
on one of the lots.
It was stated that with the price increase, the Town could not put the
units on the market as Affordable Housing.
This issue would be placed on the agenda for next Tuesday, June 18th.
The Avon Bus System was next presented to the Council.
Larry Brooks reviewed the route structure with the Council.
The Council was comfortable with the System Route for Avon.
The Town Attorney reported on the Heritage Cablevision matter.
He stated that neither Vail or Boulder were doing anything with the
concerned issue. The Attorney General's office indicated that there
was no unfair trade practice involved of TCI essentially booking customers
up for ENCORE (an additional movie channel)programming unless the
customer indicated that he did not want it.
It was his understanding that the customer would receive a statement
with two amounts appearing on the statement; one amount included ENCORE
programming, and the other amount would not include it.
The Mayor stated that it was his understanding that the Attorney
General's office in Colorado was doing nothing about this practice,
but the Attorney General offices in other states were doing something
about this practice.
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The Mayor stated that the other issue relating to that same discussion
was, when Heritage Cablevision came before the Council to request an
increase in the Franchise Fee, which the Council agreed to at that
time, it was agreed that it would be part of the bill and not added
to the bill. It was requested that the Town Attorney proceed to look
into this matter.
The Mayor reported that David Garton would be resigning his seat as
Councilmember of Avon as of July 10, 1991. He stated that Councilman
Ptach had indicated earlier that his last meeting would be July 10,
1991.
The Clerk was directed to advertise for the two vacancies of those
Council seats. The Council has thirty days to fill the vacancies
after the vacancy occurs.
The Financial Matters were next presented to the Council.
Councilwoman McRory moved to receive items #1 through #16. The
motion was seconded by Councilman Stovall and was unanimously carried.
Councilwoman McRory moved approval of the Reconciliation Sheet of
Accounts Payable for June 11, 1991. The motion was seconded by
Councilman Stovall and was unanimously carried.
Councilwoman McRory moved approval of the General Fund of Accounts
Payable for June 11, 1991, The motion was seconded by Councilman
Stovall and was unanimously carried.
Councilwoman McRory moved approval of the May 28, 1991 Council Meeting
Minutes as presented. The motion was seconded by Councilman Stovall
and was unanimously carried.
There being no further business to come before the Council, Councilman
Stovall moved to adjourn. The motion was seconded by Councilman Garton.
The meeting was adjourned by Mayor Davis at 9:00 p.m.
Note: It was the consensus of the Town Council to approve the
expenditure of $350 contribution for the Vail Valley Sunday
Program on Channel 23.
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• •
TFULLY
Patricia
Town Cle
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APPROVED:
M E M 0
0
TO: Bill James, Town Manager
FROM: Larry Brooks, Director of Municipal Services
DATE: June 4, 1991
RE: Brittany/tummit Entertainment Concert
After,meeting with Pat Cupo of Summit Entertainment on May 31st, we have learned
the following:
1. The concert proposed is scheduled for September 1st (music 11:00 AM - 7:30 PM);
2. Pat will be applying for a permit to sell alcohol;
3. The concert will be a ticketed event. Pat is estimating the ticket price
to be $15.00;
4. Pat is willing to pay for cost of Town personnel, and provide us with a
percentage of gross proceeds.
The event can best be expedited through the Special Use Permit application which
is processed through the Recreation Department. The scenario for this event
should be as follows:
-TOWN RESPONSIBILITIES=
-PERMITEE RESPONSIBILITIES-
Fence set Stage and/or tent set-up
Park monitoring Trash removal 7 park clean up
Police monitoring (inclusing dumpster)
Production
Security (Perimeter and stage)
Electrician (approved by town)
All concessions
Alcohol permit
Insurance certificate (TOA
additional insured)
Damage deposit or agreement
Under this scenario, the permittee pays the town for the following costs prior to
receiving the permit:
Police officers - 4 x 11 hrs. x'S22/hr. = $958.00
Public Works
Fence set-up 4 x 8 hrs. x $9/hr. = $288.00
Concert Day - 4 x 11 hrs. x S9/hr. = 5395.00
Fence Removal - 2 x 8 hrs. x $9/hr. =5144.00
Total Personnel $1796.00
0 0
Memo to Bill James
June 4,'1991
Brittany/Summit Entertainment Concert
Page 2 of 2
Materials for Set Up
Ties, trash sacks, misc. $100.00
Permit fee $1896.00
15% overhead 284.40
Total permit fee 2180.40
In addition to the fee for"the use permit,-the permittee will pay the town lOro
of the-gross proceeds of the event to include gate and concession receipts.
We have provided for the sale of 9,000 tickets for the days events. We have
also advised Pat that public transportation may be needed, and have recommended
a shuttle service from the VA parking lots. If this is' needed, Pat has agreed
to contract with the Transportation Division for services.
Staff recommends a damage deposit in the amount of $2,500.00.
Recommended Action:
Authorize staff .to 'proceed with concert planning and park use under the
guidelines of.a Special Use Permit.
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